(a) Power and authority is given to the city manager, in the city manager's discretion, to eject and expel from any park any person who shall violate any of the provisions of Chapter
11.44 of the Palm Springs Municipal Code or any other law, ordinance, or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of parks or of public areas in general. In addition to the ordinary powers of arrest or citation, any peace officer enforcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in such officer's discretion, to so eject and expel such violator.
(b) No person being ejected or expelled pursuant to the authority of subsection
(a) shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, return during the calendar day in which such person was ejected and for the two calendar days immediately following thereon, to the same park, unless specifically permitted to do so by the person who ejected him or by the city manager.
(Ord. 959 § 1, 1974; Ord. 1696 § 4, 2006)
(a) In an emergency or when the city manager determines that the public
safety, or public health, or public morals, or public interest demands
such action, any park, square, avenue, grounds or recreation center
or any part or portion thereof, may be closed against the public and
all persons may be excluded there from until such emergency or other
reason upon which such determination of the city manager is based
has ceased, and upon the cessation thereof the park, square, avenue,
grounds or recreation center or part or portion thereof so closed
shall again be reopened to the public by order of the city manager.
(b) No person having knowledge of or having been advised of any closure order issued pursuant to subsection
(a) of this section, or where a sign or signs have been posted in accordance with this section, shall refuse or fail immediately to remove himself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him to be so closed, until such area or place has been reopened to the public by order of proper authority.
(c) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen inches by twenty-four inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two
inches in height, and all other lettering shall be at least five-eighths
inches in height;
(5) Signs shall be posted every one hundred feet; and
(6) The following wording shall appear on each sign:
"WARNING
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This Area is closed to the Public by Order of the City Manager.
Standing, sitting, lying, or moving on or through this Area is prohibited
and punishable as a misdemeanor.
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PSMC Section 11.44.030"
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(Ord. 959 § 1, 1974; Ord. 1696 § 5, 2006)
(a) No person, where a sign has been posted in accordance with subsection
(h), shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, celebration, parade, service or exercise, of six or more persons, in any park or recreation area without a written permit granted by the city manager as provided in Section
11.44.040 of the Palm Springs Municipal Code.
(b) The city manager (acting personally or by his delegated designee)
hereby is empowered to grant permits authorizing any person, society,
association or organization to hold or conduct a meeting, organized
gathering or assemblage, group picnic, celebration, parade, service
or exercise for the observance of or commemoration of any public celebration,
event, or demonstration of a patriotic, municipal or memorial character,
or for social, educational, training, entertainment or recreational
purposes.
(c) An application for a permit shall be granted if the issuing authority
determines:
(1) That the requested activity is consistent and compatible with proper
and appropriate park and recreation areas uses at the location applied
for;
(2) That the requested activity is reasonable and will not interfere
with general use of the park or recreation area by other individual
or group members of the public;
(3) That the requested activity will in all respects comply with the
provisions of this code and of any other ordinance, law, rule or regulation
in effect at the time and place the activity is to be conducted;
(4) That the requested activity is not reasonably anticipated to incite
violence, crime or disorderly conduct;
(5) That the requested activity will not entail unusual, extraordinary
or burdensome expense or police operation by the city; and
(6) That no other reason exists why the granting of the permit would
be detrimental to the public interest.
(d) Except in cases where a fee is paid adequate in amount to fully reimburse
the public accounts for all involved costs and expenses including
allowance for overhead and capital investment, permits shall not be
granted for the purpose of conducting services of any religious denomination
or sect, or for the purpose of discussing, expounding, advocating
or opposing the principles or creed of any religious denomination
or sect. In all other respects, however, applications for such permits
shall be considered and processed on an equal basis, subject to the
same advantages, qualifications and limitations as other applications
by or for other nonreligious organizations, groups or gatherings.
(e) In the event it is proposed that an admission fee be charged for
attendance at the requested activity, or that contributions will be
solicited or a collection taken up at such requested activity, the
application for a permit shall expressly state such proposal. No person
shall charge any such admission fee or solicit contributions or take
up any collection at or for any such activity unless a provision allowing
the same to be done is included in a permit issued hereunder.
(f) The issuing authority may attach conditions to any such permit which
are deemed necessary or appropriate to assure that the activity will
be carried on in conformance with applicable laws, rules and regulations,
in a manner consistent with proper park and recreation area uses,
and in a manner not detrimental to the public interest. Where deemed
appropriate, the issuing authority may require suitable insurance,
indemnity bond or other guarantee to protect city property from damage,
to protect the public from unusual and undue expense, or to protect
the city from liability of any kind or character. In this connection
there may further be required a money deposit or payment to defray
unusual expenses to be incurred by the city, such as costs of additional
police services, fire protection services, cleanup services, or other
municipal services of whatever nature.
(g) Any permit granted pursuant to the provisions of this section shall
specify the time when and the place where the activity shall be held
or conducted, and shall designate the name of the person, society,
association or organization to whom such permit is granted.
(h) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen inches by twenty-four inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two
inches in height, and all other lettering shall be at least five-eighths
inches in height;
(5) Signs shall be posted every one hundred feet; and
(6) The following wording shall appear on each sign:
"WARNING
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Permit Required for Use by Six or More Persons
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Violation is a Misdemeanor
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PSMC Section 11.44.040"
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(Ord. 959 § 1, 1974; Ord. 1696 § 7, 2006)
Within the limits of any city public park or recreation area,
or in any city owned fountain, or in any fountain located in a public
place in the city, no person shall:
(1) Hitch, fasten, lead, drive or let loose any animal or fowl of any
kind;
(2) Ride or drive any horse or other animal, or propel any vehicle, cycle
or automobile, except at a place especially designated and provided
for such purpose;
(3) Carry or discharge any firearm, airgun, slingshot or other device
designed or intended to discharge, or capable of discharging any dangerous
missile, provided that this subsection shall not apply to any peace
officer or other person lawfully licensed to carry a concealed weapon
or who regularly carries a weapon in connection with private employment
protecting property or persons (e.g., private patrol services and
bodyguards);
(4) Carry or discharge any firecracker, rocket, torpedo or any other
fireworks, provided that this subsection shall not be deemed to prohibit
the possession or use of safe and sane fireworks not otherwise prohibited
by law, at places designated or provided for such purpose;
(5) Cut, break, injure, deface, or disturb any tree, shrub, plant, rock,
building, cage, pen, monument, fence, bench or other structure, apparatus
or property; or pluck, pull up, cut, take or remove any shrub, bush,
plant or flower; or mark or write upon, paint or deface in any manner,
any building, monument, fence, bench or other structure;
(6) Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or
fertilizer;
(7) Swim, bathe, wade in, conduct personal hygiene (such as washing hair
or body with or without soap, shampoo or similar personal hygiene
products; shaving with or without shaving cream or similar personal
hygiene products; oral care including using mouthwash or brushing
teeth with or without toothpaste or similar personal hygiene products;
cleaning any injury, wound, lesion, gash or abrasion in any manner
with or without medical products, cleaning products or similar personal
hygiene products; using any medical or other personal hygiene product
to rid the body of lice or any disease, infection or growth), or pollute
the water of any fountain pond, lake or stream, except at a place
especially designated and provided for such purpose;
(8) Make or kindle a fire except in a picnic stove, brazier, fire pit,
or other appropriate device provided or approved for that purpose
by the public authorities;
(9) No person starting or maintaining any fire in a park shall leave
the area where the fire is located without first completely extinguishing
such fire;
(10) No person in a park shall conduct or participate in any picnic, or
prepare or serve any food, except in an area designated by the city
manager for such purpose;
(11) Wash dishes, clothing, or garments or empty salt water or other waste
liquids elsewhere than in facilities provided for such purposes;
(12) Leave garbage, cans, bottles, papers or other refuse elsewhere than
in receptacles provided therefor;
(13) Play or engage in model airplane flying, driving of golf balls, archery,
baseball, softball, football, soccer, volleyball or any similar games
of a hazardous nature except at such places as shall be especially
set apart for such purposes;
(14) Play or bet at or against any game which is played, conducted, dealt
or carried on with cards, dice, or other device, for money, chips,
shells, credit or any other representative of value, or maintain or
exhibit any gambling table or other instrument of gambling or gaming;
(15) Indulge in riotous, offensive, threatening, or indecent conduct,
or abusive, threatening, profane, or indecent language;
(16) Disturb in any unreasonable manner any picnic, meeting, service,
concert, exercise or exhibition;
(17) Distribute any commercial handbill (as defined in Section
5.20.020) without a prior permit so to do from the city manager, which permit shall be issued only after due processing of an application pursuant to Chapter
5.20, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved;
(18) Post, place, erect, or leave posted, placed or erected, any commercial
or noncommercial bill, handbill, circular, notice, paper, or advertising
device or matter of any kind, in or upon any building, structure,
pole, wire, or other architectural or natural feature of whatever
character, except upon a bulletin board or such place especially designated
and provided for such purposes, unless prior approval so to do has
been obtained from the city manager, which approval shall be given
only if the city manager determines that it would be affirmatively
in the public interest to allow the use of public property for such
purposes, or that constitutional principles require that the same
be allowed;
(19) Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section
11.44.040; a permit issued pursuant to Chapter
5.36; a permit issued pursuant to Chapter
5.48; a concession agreement or franchise or the like duly entered into or granted by the city council;
(20) As a general rule, parks shall be open to the public every day of
the year between dawn and ten pm. The city manager may, in the city
manager's reasonable discretion, extend or limit such hours for any
park or a portion of any park. No person shall enter, be, or remain
in any park during the time when such park is closed, unless he or
she has obtained a permit therefore from the city manager. Park closing
hours shall be posted at park entrances;
(21) Use any restroom, washroom or dressing facility designated for the
opposite sex, except that this subsection shall not apply to children
six years of age or younger who are accompanied by an adult or other
older person;
(22) Row, sail or operate any boat, craft or other device, on or in any
pond, lake, stream or water except at such place as is especially
designated and provided for use of such boat, craft or device;
(23) Hunt, frighten, chase, set snare for, catch, injure or destroy any
animal or bird, or destroy, remove or disturb any of the young or
eggs of same, or injure or maltreat any domestic or other animal;
(24) Fish with hook and line, seine, trap, spear or net, or by any other
means, in any pond, lake, stream or water, except at a place especially
designated and provided for such purpose.
(25) Alcohol Prohibited in City Parks. The possession and/or consumption of alcoholic beverages within city parks is prohibited except when a permit is issued pursuant to subsection
(26) of this section;
(26) Permit for Alcohol in City Parks.
(A) A permit may be issued by the city manager or the city manager's written designee to allow the possession and/or consumption of alcohol in city parks. A permit may be issued only in conjunction with a contracted rental of a city park pursuant to the terms of Section
11.44.040 of this chapter. Notwithstanding any provision of this chapter, the city shall not be required to obtain such a permit for the consumption of alcohol at any organized group activity which has been planned, sponsored and approved by the city.
(B) The city manager or the city manager's written designee may refuse
to issue any such permit if the consumption of alcohol in the city
park is reasonably anticipated to incite violence, crime or disorderly
conduct, or would otherwise be detrimental to the public interest.
(C) The city manager or the city manager's written designee may attach
conditions to any such permit which are deemed necessary or appropriate
to ensure that the consumption of alcohol will be carried on in conformance
with applicable laws, rules and regulations, in a manner consistent
with proper park and recreation area uses and in a manner not detrimental
to the public interest.
(D) Any permit granted pursuant to the provisions of this section shall
specify the time and place in which the alcohol may be consumed, and
shall designate the name of the person, society, association, or organization
to whom the permit is granted.
(27) No intoxicated person shall enter, be, or remain in any park;
(28) No person shall wilfully mark, deface, or injure in any manner, or
displace or remove, or tamper with any park property of any kind,
including but not limited to any park sign;
(29) No person in a park shall operate a device producing amplified sound
except pursuant to a permit approved by the city manager;
(30) No person in a park shall disobey any sign or notice posted or displayed
by or at the direction of the city manager.
(Ord. 959 § 1, 1974; Ord. 1399 § 1, 1991; Ord. 1645 § 1, 2004; Ord. 1696 § 8, 2006)
(a) No person, after first being warned by a law enforcement officer,
or where a sign or signs have been posted in accordance with this
section, shall loiter, stand, sit, or lie in or upon any public street,
park, or public area so as to hinder, inconvenience, or obstruct the
free passage of pedestrians or vehicles thereon; nor shall any person
block, obstruct or prevent the free access to the entrance of any
building open to the public.
(b) Signs posted as provided in this section shall conform to the following
requirements:
(1) Each sign shall not be less than eighteen inches by twenty-four inches;
(2) Colors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations;
(4) Signs shall have the word "WARNING" not less than two
inches in height, and all other lettering shall be at least five-eighths
inches in height;
(5) Signs shall be posted every one hundred feet; and
(6) The following wording shall appear on each sign:
"WARNING
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Unreasonable obstruction of pedestrian traffic in this area
by persons loitering, standing, sitting, or lying is prohibited and
punishable as a misdemeanor.
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PSMC Section 11.44.080"
|
(Ord. 959 § 1, 1974; Ord. 1696 § 9, 2006)
No parent or guardian, or any person having the custody of any
child under the age of eight years, shall cause, permit or allow such
child to enter or visit any public park or recreation area having
a lake within the boundaries of such park or recreation area unless
such child is accompanied by a person of not less than sixteen years
of age.
(Ord. 959 § 1, 1974)
Within the Santa Rosa and San Jacinto Mountains area, dogs are
prohibited on all recreational trails and allowed in designated areas
only, as required to comply with provisions of the Coachella Valley
Multiple Species Habitat Conservation Plan (CVMSHCP) related to protection
of Peninsular bighorn sheep. This prohibition does not apply to persons
requiring accompaniment by a service animal under the Americans with
Disabilities Act (e.g. seeing-eye dog), and those using dogs to facilitate
search and rescue or law enforcement operations.
(Ord. 2001 § 2, 2019)
The director of parks and recreation shall ensure that the skate
park facility is posted with signs affording reasonable notice of
the following:
(a) That any person riding a skateboard in the facility must wear a helmet, elbow pads and knee pads and any person failing to do so will be subject to citation as provided for in Section
11.44.110.
(b) That inline skating is deemed to be a hazardous recreational activity
and that the city of Palm Springs may not be liable for injuries incurred
by persons participating in the hazardous recreational activity in
the skate park facility.
(Ord. 1749 § 1, 2008)